While individuals can represent themselves pro se, pursuant to English common law as far back as the 1600s, business entities must be represented by an attorney in court. However, as many property owners know, this rule has never really been enforced by the Chicago Department of Administrative Hearings.

One of the primary purposes behind creating a corporation is limited liability. The corporation’s debts and liabilities are supposed to be separate and distinct from its shareholders. Only under limited circumstances should the court “pierce the corporate veil” and impose personal liability on the officers or shareholders.

Whether it is true or not, many people have heard that they must incorporate in Delaware or Nevada when forming a corporation. No consensus has yet formed regarding what state is best to incorporate a limited liability company. This entity is extremely new compared to the corporation and courts have therefore been unable to establish clear common law rules.